Saucer v. State

We have for review a decision on a question certified to be of great public importance, Saucer v. State, 736 So.2d 10 (Fla. 1st DCA 1998). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. The district court certified the following question:

May the gain-time forfeiture provisions of section 944.28(2)(a) apply in criminal and collateral criminal proceedings?

Saucer v. State, 736 So.2d at 12. We answer the question in the negative. Further, we hold that if a writ petition challenges the petitioner’s underlying criminal conviction or sentence, it is a collateral criminal proceeding and thus…